CC SR 20160621 L - AB 939 consultantRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/21/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to approve a professional services agreement with
Charles Abbott Associates, Inc., for the implementation of the Source Reduction and
Recycling Element of the AB 939 Solid Waste and Recycling Program.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services for Source Reduction and Recycling Element
(SRRE) implementation and other solid waste services to Charles Abbott
Associates, Inc. for FY16-17 and FY17-18;
(2) Authorize the annual expenditure of up to $34,668, with an additional $5,000 for
unanticipated costs for a total not to exceed of $39,668 each year for FY16-17
and FY17-18, respectively; and,
(3) Authorize the Mayor and City Clerk to execute the agreement for SRRE
implementation with Charles Abbott Associates, Inc., subject to approval as to
form by the City Attorney.
FISCAL IMPACT: None
Amount Budgeted: $40,000
Additional Appropriation: N/A
Account Number(s): 213-3013-431-32-00
ORIGINATED BY: Lauren Ramezani, Senior Administrative Ana�-st _V_
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager.'rrn ;
ATTACHED SUPPORTING DOCUMENTS:
A. Professional services agreement with Charles Abbott Associates, Inc.
(page A-1)
B. Proposal from Charles Abbott Associates (page B-1)
BACKGROUND AND DISCUSSION:
The City implements its Source Reduction and Recycling Element (SRRE) in accordance
with State mandates. The SRRE identifies how the City will reach the required State
goal to divert the City's waste stream from landfills by re -using, reducing, and recycling
material. In 2002, the City joined the Los Angeles Regional Agency (LARA) for the
implementation of AB 939 programs as a charter member, and has been an active
participant ever since. LARA and the City's individually -calculated annual reported
diversion rates are regularly over 65%.
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The City sent requests for proposals (RFPs) to four qualified firms and received
proposals from the two firms: 1) Charles Abbott Associates, Inc. (CAA), and 2) Nicholls
Consulting, Inc. The City's current firm, SCS Engineers, did not submit a proposal. The
firms were rated based on the following criteria: experience of the personnel assigned to
the project; experience working with other cities involved in similar projects; quality of the
proposal; ability to produce high quality work; consultant interaction with City Staff; and
references.
The term of the agreement is for two years, with two, 2 -year extension options based on
mutual consent. The proposed scope of work includes, but is not limited to: Program
Administration and Project Management; Annual AB 939 Report Preparation; Public
Education and Outreach; Construction and Demolition Recycling; City Hall/Park Sites
Recycling Program; Multi -Family Residential Recycling Programs; Commercial/Business
Sector Recycling; Used Oil Grant and Household Hazardous/E-Waste Program
Administration; and other miscellaneous tasks as needed.
Both firms and/or their staffs are highly qualified and are well known and respected in the
solid waste industry. However, upon review of the proposals, Staff finds CAA to be the
most qualified firm to complete the tasks as needed by the City. The agreement will be
on a time -and -materials basis. CAA's proposal was for a total not -to -exceed amount of
$34,668 for FY16-17 and FY17-18. Staff's recommendation also includes budgeting up
to $5,000 a year for unanticipated assignments resulting from new or enhanced
requirements and/or needed outreach.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available for
the City Council's consideration:
1. Select Nicholls Consulting, Inc, which is also well-qualified to perform the
tasks.
2. Take other action as deemed appropriate by the City Council.
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CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
CHARLES ABBOTT ASSOCIATES, INC. (CAA)
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
CHARLES ABBOTT ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this day of June, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Charles Abbott Associates, Inc. (CAA), a
California corporation ("Consultant"). City and Consultant are sometimes hereinafter
individually referred to as "Party" and hereinafter collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
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1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
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instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any
other provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation for Fiscal Years 2016-2017
through 2017-2018, including reimbursement for actual expenses, shall not exceed Seventy -Nine
Thousand Three Hundred and Thirty -Six Dollars ($79,336) (the "Contract Sum"), unless
additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
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reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
«D„
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
O
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Public Works, or such person as may be
designated by the City Manager. It shall be the Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
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Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
then the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87,) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
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services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit `B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
Me
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
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Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
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(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
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(b) Consultant, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
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7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
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reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
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Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
A-17
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
CHARLES ABBOTT ASSOCIATES, INC.
(CAA), a California corporation
Lo
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑
INDIVIDUAL
❑
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide assistance for the implementation of the City's Source
Reduction and Recycling Element (SRRE), Solid Waste Support Services, and Used Oil
Payment Program. These services will include the following Tasks, as directed by the City:
Task I. Administration and Project Management
Provide general project management including assisting the City's Recycling Coordinator,
attending meetings, and updating the City on pertinent new or upcoming legislation and legal
mandates. Assist in implementing new programs and policies. Monitor CalRecycle and
legislative activities and recommend action to be taken by City. Verify annual residential rate
adjustments request submitted by EDCO. Contact other cities to inquire about their programs.
TASK II. Annual AB 939 Report Preparation, LARA Assistance, and Quarterly
Tonnage/DRS Reports Monitoring
The City is a charter member of the Los Angeles Regional Agency (LARA). Although LARA
compiles and submits members' annual reports, each City is responsible for preparing City
specific information items, and entering the needed information and tonnage into LARA's
electronic annual report database program. The City is also responsible for implementing its
various programs as mentioned in its Source Reduction and Recycling Element (SRRE). The
City's and/or LARA's approved diversion rates for the past few years is as follows:
Year
2011
2012
2013
2014
RPV's % Diversion (w/ transformation)*
68%
76%
75%
65%
LARA's % Diversion *
70%
70%
68%
66%
* The City's per capita disposal equivalent target is 4.5/p/p/day and LARA's is 7.1/p/p/day. The percentages
above are estimates based on these amounts.
1. Update the City -specific information items. Provide LARA with needed information to
complete the electronic annual report.
2. Attend quarterly LARA meetings, when needed, and represent the City and provide input to
LARA on how to improve their programs.
3. The City requires EDCO (residential) and the 8 authorized commercial haulers to submit
quarterly reports (disposal and recycling tonnage) in order to verify the counties' disposal
tonnage reports (DRS) information. Compile in a database/spreadsheet quarterly DRS data
provided from various counties. Review the residential and commercial haulers' quarterly
disposal and recycling tonnage information, and determine if they match the counties' DRS
reports. Recommend follow-up action(s). Depending on the tonnage discrepancy, identify
illegal haulers and send them stop notices.
4. Perform waste audits of residential or commercial accounts and complexes.
5. Prepare for and participate in CalRecycle's annual review process and site visit.
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Task III: Public Education and Outreach
1. Prepare public education and outreach materials to publicize and educate the City's residents
and commercial establishments of existing and new recycling, used oil, composting and
source reduction programs. Materials may include preparing/editing articles for the City's
quarterly newsletters, brochures, flyers, e-mail articles, and other public education materials.
Update City's website public education material.
2. Improve the development and implementation of an outreach campaign for City businesses to
facilitate, improve, and/or begin their recycling efforts.
3. With EDCO and/or Waste Management's cooperation and assistance, explore how to
improve the implementation of an outreach campaign for RPV schools to enhance recycling.
Waste Management is currently the PVPUSD's authorized hauler.
4. Promote the local or State recycling awards (SBBEC's SEED) and the recycling of materials
not currently being recycled.
5. Obtain competitive quotes, obtain CalRecycle approval, and order giveaways and
promotional items (when needed).
Task IV: Construction and Demolition (C & D) Recycling
The City has not adopted a C & D recycling ordinance. However, the City promotes the use of
nearby C & D recycling facilities, including C & D Certified Processors. The City also offers
commercial haulers a credit on their quarterly AB 939 fees if they take material to various
recycling facilities including Chandlers, MRFs, etc. For several years, the City has been
requiring waste certifications from private contractors, as part of their building permit for
construction or remodeling projects in the City (if exceeding a certain valuation threshold).
Additionally, staff requires that certain City -funded projects recycle their waste material,
especially inert material, and/or reuse material from the project, where possible.
1. Improve the City's construction and demolition recycling and implement new programs.
2. Review recycling tonnage and certificates from contractors performing City funded projects.
3. Review recycling tonnage and certificates from contractors performing private projects, as
part of their building and planning permits and the related CalGreen 2013 CA Green Building
Standards Code.
4. Review the recycling report for 1-2 annual large -venue events held in the City
5. Review tentative and final recycling plans for large development projects.
6. If needed, work with staff and City Attorney on researching, preparing and/or reviewing new
ordinance(s).
Task V: Expand City Hall/Park Sites Recycling Program
This is a continuation and monitoring of the previous years' activities.
1. Evaluate and monitor the City facilities' (City Hall and park sites) recycling and landscaping
green waste program. Suggest necessary changes and implement a public education program
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regarding any changes.
2. Continue the gradual replacement of existing concrete or metal trash and recycling containers
at parks with different ones. This has begun and will continue for the next few years.
Task VI: Expand/Improve Multi -Family Residential Recycling - Follow up
The City has an exclusive franchise agreement with EDCO for multi -family residential solid
waste and recycling services. Many multi -family complexes have recycling containers, and a
handful fall within the AB 1826 mandatory organics recycling threshold. This task is a
continuation/follow-up and monitoring of the previous years' activities, and improving the
overall program.
1. Work with EDCO and evaluate potential to expand multi -family recycling, green waste and
organics recycling program, including recycling in pool and common areas.
2. Work with property managers and landscape companies to improve green waste, organics and
commingled recycling in complexes.
3. Depending on grant funding availability, improve recycling at other complexes.
Task VII: Commercial/Business Sector Recycling
The City continues the implementation of AB 341, and the different phases of the AB 1826
implementation deadline.
1. Meet with and obtain input from authorized commercial haulers concerning implementation
of AB 341 and AB 1826.
2. Assist in preparing staff report(s) and reviewing draft ordinance(s) concerning AB 341 and
AB 1826.
3. Continue implementing recycling and waste reduction programs for businesses and/or
improve existing or implement new programs.
4. Attend Chamber of Commerce and/or other local business meetings and meet businesses.
Make presentations.
5. Communicate with haulers and/or property management on compliance status.
TASK VIII: Oil Payment Program and Household Hazardous Waste Program
Administration
The City annually receives approximately $10,000$-12,000 in Oil Payment Program (OPP) funds
from CalRecycle. The City has two certified used oil collection centers. Additionally used oil
and filters are collected weekly on a call-in basis at curbside by EDCO. Typically, the City sets
aside half of its grant funds (approximately $5,000) for stormwater pollution prevention
(NPDES) activities. The City has a separate NPDES consultant that assists in that particular
program.
1. Administer the Oil Payment Program including preparing and submitting required reports,
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reimbursement requests, etc.
2. Prepare Form 303, or reports for other agencies.
3. Assist with public education, such as placement of newspaper advertising, and obtain quotes
and order used oil supplies and giveaway material (after obtaining approval from
CalRecycle).
4. Conduct inspections of certified collection centers in the City.
The City hosts an annual County sponsored HHW/E-waste roundup at City Hall.
Additionally, residents are encouraged to go to the SAFE Collection center operating on
weekends in the neighboring San Pedro.
Task IX: Miscellaneous
In addition to implementing the specific tasks listed above, Consultant will serve as the City's
overall solid waste management consultant, and will provide the following additional services as
needed:
1. Prepare grant application forms and needed support documents.
2. Prepare/edit staff reports, and correspondence, as needed.
3. Contact other cities for service surveys and other needed information.
4. Perform waste audits of businesses, if necessary.
5. Attend events or fairs, as needed.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City, at the City's request:
A. Meeting notes, public outreach material, annual reports, audits, updates on new
and pending legislation, and other relevant information as ordered by the City.
III. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Rae Beimer, Project Oversight
B. Janna Lee, Program Manager
A-25
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.3, "Compliance with Law," is hereby amended to read as follows:
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
Consultant expresslypresents and warrants that it is familiar with, and shall keep itself
informed concerning, (i) the California Integrated Waste Management Act of 1989, Public
Resources Code Section 40000 et seq. (also known as "AB 939"); (ii) the Global Warming
Solutions Act of 2006, Assembly Bill 32 (also known as "AB 32"); (iii. Assembly Bill 341 from
the 2011-2012 Regular Session of the California Legislature (also known as "AB 341"); and
Public Resources Code Section 42649.8 et seq., Assembly Bill 1826 (also known as "AB 1826"
A-26
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
TASK DESCRIPTION
Hours
Annual
Cost
Hourly Rate
$138/hr
$108/hr
TASK I - Administration and Project Management
4
25
$3,252
TASK II - Annual AB 939 Report Preparation,
LARA Assistance, and Quarterly Tonnage/DRS
4
40
$4,872
Reports Monitoring
TASK III - Public Education and Outreach
4
60
$7,032
TASK IV - Construction and Demolition (C&D)
Recycling
4
30
$3,792
TASK V - Expand City Hall/Park Sites Recycling
Program
4
20
$2,712
TASK VI — Expand/Improve Multi -Family
Residential Recycling — Follow Up
4
30
$3,792
TASK VII - Commercial/Business Sector Recycling
4
30
$3,792
TASK VIII - Oil Payment Program and Household
Hazardous Waste Program Administration
4
20
$2,712
TASK IX - Miscellaneous
4
20
$2,712
Additional Work — see Section II, below
TBD
TBD
$5,000
ANNUAL BUDGET TOTAL
$39,668
The above hourly rates include general and administrative overhead and fees and employee
payroll burden. The above hourly rate does not include any educational or public outreach
material cost.
II. Additional Work
Parties anticipate that Tasks I -IX will be completed within the budget set for each Task,
and that compensation for Additional Work will not be necessary. However, given the
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possibility of unforeseen additional work required by the City or the possibility that budgeted
Tasks will take longer than anticipated, City has set aside additional funds. These funds may be
divided between Rae Beimer and Janna Lee at the sole discretion of the City, except that the
subbudget for Additional Work shall not exceed $5,000 per year.
Compensation for Additional Work will not be available to Contractor for any Task until
funds from all other Tasks have been exhausted by shifting funds from one Task to another
pursuant to Exhibit C, Section III, below. Moreover, Contractor will only be compensated for
Additional Work upon a written demonstration, approved in writing by the Contract
Officer, of sufficient need to go beyond the total amount of compensation budgeted for
Tasks I -IX.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services for Fiscal Years 2016-2017 through 2017-
2018 shall not exceed $79,336, as provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel is as follows:
Title/Staff
Hourly Rate
Project Oversight — Rae Beimer
$138.00
Program Manager — Janna Lee
$108.00
•
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this
Agreement shall be July 1, 2016, to June 30, 2018.
II. Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant and subject to the written approval of the Contract Officer.
III. All tangible work products produced by Consultant that City is required to submit to any
governmental or regulatory agency by a fixed date shall be delivered to the City a
reasonable amount of time before such date for City staff to review and order revisions of
such work product and timely submit such work product.
IV. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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k
Consultant Assistance for the implementation of Source
Reduction and Recycling Element (SRRE), Solid Waste
Support Services, and Used Oil Payment Program
City of Rancho Palos Verdes
City of Rancho Palos Verdes, DPW
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attention: Lauren Ramezani, Senior Administrative Analyst
By:
Charles Abbott Associates, Inc.
27401 Los Altos # 220
Mission Viejo, CA 92691
Toll Free: (866) 530-4980
www.caaprofessionaIs.com
1. Transmittal Letter............................................................................................4
2. company Background....................................................................................5
Company Information
Company Background
5
5
3. Qualifications..................................................................................................8
Project Team 8
Resumes 8
Relevant Experience 11
4. Cost Proposal................................................................................................13
5. Resources.....................................................................................................14
Task I: Administration and Project Management 14
Task II: Annual AB 939 Report Preparation, LARA Assistance, and Quarterly
Tonnage/DRS Reports Monitoring 14
Task III: Public Education and Outreach 15
Task IV: Construction and Demolition (C&D) Recycling 16
Task V: Expand City Hall/Park Sites Recycling Program 16
Task VI: Expand/Improve Multi -Family Residential Recycling Follow Up 17
Task VII: Commercial/Business Sector Recycling 17
Task VIII: Oil Payment Program and Household Hazardous Waste Program
Administration 18
Task IX: Miscellaneous Tasks 18
6. References.....................................................................................................19
May 19, 2016
City of Rancho Palos Verdes, DPW
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Charles Abbott Associates, Inc. (CAA) is pleased to submit the enclosed Proposal to
provide Consultant Assistance for the implementation of Source Reduction and
Recycling Element (SRRE), Solid Waste Support Services, and Used Oil Payment
Program to the City of Rancho Palos Verdes (City).
CAA is exceptionally well qualified to provide the requested services to the City as
described in our submittal. Our team is comprised of environmental experts who are able
to balance regulatory requirements, cost effectiveness, political considerations, and
practicality when advising our clients. We look for creative solutions for our clients'
needs, and we are committed to assuring cost effectiveness without sacrificing quality.
CAA has provided and continues to provide consulting services similar to those the City
is requesting for the Cities of Aliso Viejo, Rancho Santa Margarita, and Hidden Hills,
among others, affording us a detailed understanding of the scope of work and
requirements outlined by the City. We are experienced in providing CalRecycle support,
administering solid waste franchise agreements, implementing all components of an
SRRE program, preparing data and submitting Electronic Annual Reports to CalRecycle
and LARA, providing solid waste outreach and management logistics to local businesses
and restaurants, preparing and administering Oil Payment Program funds from
CalRecycle, as well as attending regular meetings and preparing monthly reports.
Through our current work in comparable South Orange County and Los Angeles County
cities, CAA has a deep knowledge of similar programs, enabling us to ensure
compliance with the State mandated AB939, SB1016 and AB341 programs, and foster
knowledge sharing between nearby cities. Additionally, the City would be able to take
advantage of cost savings for meeting attendance at LARA since we do provide a cost
share benefit between our applicable cities.
Should the City have any questions or require additional information, please contact Rae
Beimer, Director of Environmental Services, or myself. We look forward to meeting with
you to further discuss your service needs.
Thank you in advance for your consideration
Sincerely,
CHARLES ABBOTT ASSOCIATES, INC.
Rusty R. Reed, PE P resident
27401 Los Altos # 220
Mission Viejo, CA 92691
Company Information
CAA was incorporated in the State of California in 1984. Over the past 30 years, we
have provided outstanding professional services to over 75 municipal and regional
government agencies. Our Project Team brings more than 13 years of combined and
related project experience together with an expertise in development and management
of similar environmental services for other municipal clients.
CAA's corporate headquarters is located in Mission Viejo California, office location as
follows:
Official name and address: Charles Abbott Associates, Inc.
Entity type:
Phone Number:
Fax Number:
Federal Tax ID:
Date of Incorporation:
State of Incorporation
Contact Name:
Contact Email:
Company Background
27401 Los Altos, #220
Mission Viejo, CA 92691
Corporation
(866) 530-4980
(949) 367-2852
33-00753899
1984
California
Rae Beimer
raebeimer@caaprofessionals.com
CAA has been providing services similar to those you are requesting since 1984, and
has successfully established long-term working relationships with a number of cities and
counties in Southern California. We are currently working with other clients under the
same MS4 Permit and are very aware of the requirements contained within, allowing for
effective and efficient management of the program. Our staff is highly skilled and
experienced at implementing SRRE programs, solid waste management and support,
and administering Used Oil Payment Programs similar to the services the City is
seeking. Due to our long history and broad experience providing professional
government services, we fully understand the technical, cultural, and political nature of
the services to be performed at our client cities. We feel confident that we have the
experience, organization, location, and size to ensure success in delivering the highest
quality service.
CAA provides the range of professional services our clients requires to handle all
environmental functions as well as a full range of other complementing services. We
understand that no two cities are alike, and we pride ourselves in customizing our
services to meet the particular needs of the constituents we serve at any one location.
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The following promises demonstrate why CAA is the best -qualified service provider for
the City:
Service Above and Beyond
CAA professionals believe that just doing a "good" job is not enough for our clients. Our
aim is to excel. This means that we do not function simply by the language of our
contract, but that we constantly look out for the general good of the City, local
neighborhoods, and its residents. Our employees become part of your team and view
themselves as an extension of your staff in carrying out the duties of the City.
Innovations in Service Delivery
CAA continuously strives for innovations to improve public services. Government must
be more accessible to the citizens, more convenient, timelier in responses, more cost
effective, and performance oriented. Accountability in government has never been
higher than it is today. We want to be your partner in delivering exceptional public
service and promoting the City. We pledge the full resources and backing of our firm to
assure that the City is able to deliver outstanding, cost-effective public service of the
highest quality.
Consummate Customer Service
All of our employees have a passion for exceptional customer service. We take special
interest in our performance of duties, always focused on efficient project processing and
successful project outcomes. In addition the staff at CAA brings a can -do attitude to their
work— always willing to meet with clients for pre -design meetings, pre -submittal
meetings or as needed to resolve complex code related plan review issues in the most
efficient manner possible.
Responsive Project Management
By cooperating and working closely with all of the entities responsible for project
approval, we form a collaborative working relationship that centers on successful project
processing. As a result, the approval process with other City departments is timely,
seamless and efficient. CAA also recognizes the needs of sensitive projects and those
that require special attention to meet the needs of the community.
Integration Plan
CAA prides itself on being a "team player" in each municipal service engagement. We
train our staff to recognize that citizens of the community, City staff and other
consultants are our customers and, as such, deserve our best efforts to respond, assist,
support, and work hand-in-hand.
CAA assures you that our team members will learn and keep up to date on City policies
and procedures as we commence the engagement. CAA staff will adhere to all City
personnel policies and directives including hours of operation, dress code, and other
team building efforts.
CAA expects and demands that the staff we assign to the City immediately becomes a
productive part of the City Team. We will obtain prior written approval prior to
substituting or adding individuals to our key staff. Although our agreements do not
specifically require it, we assure you that if we make an assignment and our staff
member is not compatible (personality, personal behavior, etc.) with City staff we will,
with your knowledge and approval, substitute another CAA staff member who can
integrate seamlessly into your team.
N
CAA staff will strictly adhere to your policies and procedures regarding confidentiality,
public release of information, and communications with media. CAA values each client
and our staff conducts themselves in a manner not to bring attention to CAA but rather to
always put the City in favorable public light.
Quality Control
Maintaining high quality services is what has made CAA as successful as we are today.
We understand that having experienced and qualified personnel is a fundamental
requirement of being able to delivery quality service to our clients, and we place
considerable effort in attracting and retaining our highly trained staff.
We provide our staff with on-going training, both in-house and with other professional
seminars and classes. This training makes sure that staff has the knowledge and other
resources available to help them provide high quality service to our customers.
Additionally, we provide financial incentives to encourage participation in obtaining
certain nationally recognized certifications. The knowledge obtained in achieving these
certifications helps our professionals to keep up with the "State of the Art" and therefore
gives us the ability to constantly improve the quality of service we are able to deliver to
our clients.
AN
CAA has provided and continues to provide Source Reduction and Recycling Element
(SRRE), Solid Waste Support and Used Oil Payment program services, comparable to
those services being requested by the City of Ranchos Palos Verdes in this RFP, to
municipalities within the counties of Orange and Los Angeles, including the Cities of
Aliso Viejo, Hidden Hills, Palos Verdes Estates, and Rancho Santa Margarita.
Project Team
CAA hires and maintains a fully credentialed and cross -trained staff that effectively
meets our clients' needs. Many members of CAA staff have years of prior public and
private sector experience that adds value to our municipal client's service and
environmental endeavors.
CAA's management approach has been highly effective in maintaining strict quality and
contract compliance in the performance of similar studies. Our Project Team maintains
these key qualities:
➢ Highly qualified key personnel, with a Project Manager who has a proven track
record managing similar and multi -task contracts;
➢ Strict cost and schedule control procedures that address planning, scheduling,
budgeting, performance evaluation, and quality control;
➢ Proven success with project tracking and documentation procedures and systems
to facilitate the early identification of performance issues;
➢ Technical knowledge to perform the service(s);
➢ Certification/Registration in the necessary disciplines to demonstrate their
technical knowledge;
➢ Ability to stay current with technology through ongoing training; and
➢ Ability to communicate effectively with the City and public.
The success of a project is often directly related to the Project Team. The following CAA
staff is designated as key personnel and will be responsible for all applicable project
tasks and work. Each is uniquely qualified and immediately available to deliver
professional Environmental Services to the City.
• Rae Beimer is the Director of Environmental Services and will provide project
management and quality control for this project as Project Oversight. She is
responsible for coordination with other program staff to ensure exemplary work is
being conducted.
• Janna Lee will serve as Program Manager and will be responsible for implementing
the program elements in the request for proposal (RFP) and for working with City
staff as requested by City management.
Resumes
The following resumes have been summarized for space and brevity, but additional
experience, knowledge and certifications are available at the City's request.
FW_IIr97
. •
Rae Beimer, Project Oversight and Quality Control
Ms. Beimer has a solid educational and working background in environmental programs
management. Ms. Beimer has played an integral role in development and
implementation of solid waste programs for the cities of Aliso Viejo, Rancho Santa
Margarita, Palos Verdes Estates and Hidden Hills. She has extensive program
management experience in SRRE program development and implementation, regulatory
analysis and reporting, grant application writing and reporting, due diligence and
environmental assessments, Used Oil Program management, and C&D program
implementation. She is experienced in project supervision and management for
municipal clients.
Education: B.S., Environmental Science and Policy
California State University, Long Beach
Yrs. Experience: 9 Years
Yrs. With CAA: 9 Years
Certificates: CESSWI, QSP, Confined Space
Representative Project Experience:
➢ Cities of Aliso Viejo and Rancho Santa Margarita: Ms. Beimer provided on-site
support for all elements applicable to the solid waste and recycling and
stormwater program compliance for these cities but is now providing program
oversight as the Director of Environmental Services. She still maintains continual
contact with these clients to ensure the scope of work is being managed
appropriately and within contract terms.
➢ Cities of Hidden Hills and Palos Verdes Estates: Ms. Beimer provided support for
all compliance elements applicable to the solid waste and recycling for these
cities but is now providing program oversight as the Director of Environmental
Services. For the City of Hidden Hills, she still maintains continual contact with
these clients to ensure the scope of work is being managed appropriately and
within contract terms.
FE7JUe
Janna Lee, Program Manager
Ms. Lee is currently working as an onsite Environmental Analyst for the Cities of Aliso
Viejo, Laguna Woods, La Palma, and Rancho Santa Margarita providing services for
stormwater and solid waste and recycling programs. Ms. Lee also assists in solid waste
and recycling programs for the City of Hidden Hills. In her solid waste and recycling
responsibilities, Ms. Lee assists in managing contracts between cities and franchise waste
haulers, and provides oversight of agreement implementation. She also develops and
maintains databases for reporting of city solid waste programs for compliance and audits
with CalRecycle. Ms. Lee attends solid waste and recycling meetings and is apprised of
the local, countywide and statewide solid waste and recycling updates.
Education: B.S. in Environmental Science, University of California, Los
Angeles
Minor in Environmental Engineering, University of California, Los
Angeles
Yrs. Experience: 2+ Years
Yrs. With CAA: 2+ Years
Other Skills: Certified Erosion, Sediment and Storm Water Inspector (CESSWI)
California Stormwater Quality Association Member
Geographic Information Systems (GIS)
Data Management and Reporting
Access and FileMaker Databases
Representative Project Experience:
➢ Cities of Aliso Viejo and Rancho Santa Margarita: Ms. Lee provides support for
solid waste and recycling, and stormwater program management; Prepares and
submits annual Electronic Annual Report to CalRecycle; Assists in gathering data
and representing cities for conference calls and site visits with CalRecycle;
Communicates with franchise hauler to ensure agreement implementation and
compliance with diversion requirements; Assists in implementation of
Construction & Demolition Permit processing and review; Assists in development
and implementation of programs for compliance with legislation such as AB 32,
AB 939, AB 1826 and AB 1594; Prepares and submits annual NPDES Reports to
Regional Water Quality Control Board Performs water quality inspections of
commercial, industrial and construction sites; Reviews water quality permit
applications; Prepares inspection reports, maintains database for Water Quality
Management Plan (WQMP) submittals and reviews WQMPs for approval;
Reviews and verifies proper grease interceptor maintenance for food facilities
and FOG programs; Represents the City at local, regional meetings and
subcommittee meetings for stormwater and solid waste and recycling; and
Prepares grant applications for state and local funding.
➢ City of Hidden Hills: Ms. Lee provides support for all aspect of the City's solid
waste and recycling program. She compiles data and maintains database for
solid waste tonnages; Prepares documentation and data for annual Electronic
Annual Report for submittal to CalRecycle; Participates and supports conference
call and site visit with CalRecycle.
A summary of several of our client cities with similar services in which the proposed
team member was directly involved in the successful completion of the requested
services or is currently providing compliance services:
Relevant Emerience
CITY OF HIDDEN HILLS
Ms. Cherie Paglia
City Manager
6165 Spring Valley Road
Hidden Hills, CA 91302
(818) 888-9281
Solid Waste Program Management:
• Develops Public Outreach materials
• Provides support at City educational outreach events
• Coordinates recycling programs with local elementary school
• Manages franchise hauler agreements, exclusive and non-exclusive
• Developed, implemented and manages City Hall recycling program
• Prepares items for City Council approval
• Prepares annual reports and grant applications/reports
• Attends pertinent meetings
• Administers the Construction and Demolition (C&D) program
• Participates in Los Angeles Regional Area (LARA)
Total Years of CAA Service: 26+
Key Personnel Involved: Rae Beimer, Janna Lee
CITY OF ALISO VIEJO
Mr. David Doyle
City Manager
12 Journey, Suite 100
Aliso Viejo, CA 92656
(949) 425-2500
Solid Waste Program Management:
• Prepared and managed solid waste related grants and reports
• Developed and administered residential and commercial recycling programs
• Performed public outreach and education, including development of outreach
materials
• Developed the Source Reduction and Recycling Element (SRRE), Household
Hazardous Waste Element (HHWE) and Non -Disposal Facility Element (NDFE)
• Developed and administered the Construction and Demolition (C&D) ordinance
and program
• Developed and implemented City Hall recycling program
• Implemented and managed Used Oil Payment Program
• Attended pertinent meetings
• Conducted staff training
• Provided staff reports and recommendations to City Council
B-11
• Liaison between City, Franchise Hauler and CalRecycle's staff
• Coordinated with other South Orange County cities to manage a Pilot
Commercial Food Waste Recycling Program
Total CAA Years of Service: 14+
Key Personnel Involved: Rae Beimer, Janna Lee
CITY OF RANCHO SANTA MARGARITA
E. (Max) Maximous
Public Works Director
22122 EI Paseo
Rancho Santa Margarita, CA 92688
(949) 635-1800, ext. 6707
Solid Waste Program Management:
• Develops and administers residential and commercial recycling programs
• Developed and implemented MCR program
• Develops and implements City Hall recycling program
• Manages household hazardous waste program
• Liaison between City, Franchise Hauler and CalRecycle's staff
• Attended pertinent meetings
• Manages franchise hauler agreements, exclusive and non-exclusive
• Manages Used Oil Payment Program
• Administers the Construction and Demolition (C&D) program
• Prepares and manages solid waste related grants, reports, and annual reports
Total CAA Years of Service: 7+
Key Personnel Involved: Rae Beimer, Janna Lee
B-12
In accordance with the City's RFP, the cost proposal is provided under separate cover in
a separate sealed envelope.
B-13
CAA understands that the City of Ranchos Palos Verdes wishes to retain the services of
a qualified consultant to assist City staff in managing the SRRE, Solid Waste Support
Services, and Used Oil Payment Program.
As requested, CAA will assist the City with the following key solid waste and recycling
programs tasks:
Task I: Administration and Project Management
CAA staff will meet with City's Recycling Coordinator to gather program information and
coordinate overall program implementation. We strive to stay educated, informed and
ahead of the legislative curve and are members of several solid waste associations and
subscribe to a wide variety of solid waste management publications. CAA will keep the
City abreast of any legislature and mandates pertinent to the City, and can manage or
assist in implementing new programs and policies required for compliance with all solid
waste regulations. Staff will also maintain dialog with the City in regards to current, new
and upcoming solid waste legislation and programs, and make recommendations as
necessary. Staff will perform an analysis utilizing the Bureau of Labor Statistics data to
confirm that the annual rate adjustment requested by EDCO is correct and justified. Staff
will prepare a recommendation memo for the City that will include the findings of the
analysis. As CAA provides similar solid waste services to clients in Southern California,
staff is apprised of various solid waste programs throughout the area and is in
communication with other City's and their programs.
Task II: Annual AB 939 Report Preparation, LARA Assistance, and
Quarterly Tonnage/DRS Reports Monitoring
CAA staff will perform the following tasks for program implementation:
1. Review and evaluate the City's diversion rates and LARA's diversion rates to
monitor the City's progress in diversion in comparison with the region.
2. Compile and synthesize the City's specific SRRE program data and other solid
waste program data into reportable information that will be entered into LARA's
electronic annual report.
3. CAA attends LARA meetings and other pertinent meetings for other municipal
clients in Los Angeles County and Orange County, and will be able to utilize the
knowledge and resources gained from these meetings as well as from legislative
monitoring to provide relevant feedback and recommendations to the City
regarding any new or upcoming legislation that may affect and/or improve the
City's solid waste program efforts. In addition, we are able to divide the time used
to attend these meetings and to develop guidance memos among all our relevant
client cities, which allows that time savings to be spent on other program
elements. CAA will provide recommendations regarding program enhancement
ideas to increase diversion and decrease disposal that will be beneficial to all
parties involved.
4. Utilizing a database, CAA staff will compile quarterly disposal report data
provided from EDCO, the 8 authorized commercial haulers and any other
AM
tonnage reports to verify the disposal tonnage reports tracked by CalRecycle's
Disposal Reporting System (DRS). Staff will compile quarterly DRS data
provided from various counties and perform an analysis as to the accuracy of this
data compared to the quarterly data submitted by the residential and commercial
haulers permitted to haul from the City. If a discrepancy is discovered, we will
obtain the self -haul disposal information from the landfills to determine if illegal
hauling is the cause of the discrepancy. Any illegal haulers will be sent a "stop
notice" as approved by the City and this information will be documented. Based
on the results of this analysis, CAA staff will provide the City with a memo
outlining any discrepancies or corrective actions that were necessary.
5. CAA will also conduct waste audits of residential and commercial accounts and
complexes as needed. Staff will evaluate findings of the audits, provide
recommendations to how to improve diversion and offer assistance in public
education and program management as needed.
6. CAA staff will prepare for and participate in CalRecycle's annual review process,
conference call and site visit. CAA will also assist in following-up with any
outstanding items from the meeting or clarification questions CalRecycle has as
a result of the review process and site visit.
Task III: Public Education and Outreach
1. CAA staff will coordinate with the City staff to inventory the City's public outreach
and educational materials that are currently being utilized. Once an inventory is
developed and contents assessed, we will enhance that material to reflect the
most up-to-date elements of solid waste legislation and the City's solid waste
program and/or develop new materials pertinent to the success of the program.
This material will be used to help educate residents and commercial facilities in
the City as to programs offered by the City as well as the proper way to handle
different types of waste. Material distributed as hard copies, electronic files and
posted on the website will cover topics such existing and new recycling
requirements, used oil recycling and proper disposal practices, composting,
organic waste recycling, proper waste handling procedures and other tips to
reduce disposal and mitigate improper disposal of waste materials.
2. CAA staff will prepare and/or edit relevant articles for the City's newsletters as
well as any other program materials, as directed by the City, for an outreach
campaign. We will assess the City's current efforts towards outreach to
businesses in the City and work with City staff to facilitate, improve and or/begin
recycling efforts. We will develop a sustaining outreach campaign that will
encourage an increase in residential and commercial recycling.
3. CAA staff will work with EDCO and/or Waste Management to develop a plan and
to further improve the implementation of an outreach campaign to increase
recycling at the City's schools. This plan will be part of an effort to not only
educate the students and faculty as to the importance of diverting from landfills
but to put in place a framework for the school to continue its efforts with each
passing class of students.
4. As part of the effort to promote recycling and to implement the outreach
campaign to businesses, CAA staff will promote the South Bay Business
Environmental Coalition's SoCal Environmental Excellence Development (SEED)
Awards Program. As needed, staff will assist businesses to evaluate recycling
options that are applicable to the facility and feasible to implement.
B-15
5. If or when promotional items are needed as part of an outreach effort, CAA staff
will obtain the quotes necessary to keep the purchasing of these materials
competitive and provide the highest cost -benefit for the City. Before efforts
towards purchasing of promotional items are initiated, we will obtain the
necessary approvals from CalRecycle.
Task IV: Construction and Demolition (C&D) Recycling
1. CAA staff will evaluate the City's construction and demolition (C&D) recycling
and provide recommendations on how to improve the implementation of its C&D
program.
2. CAA staff will review recycling tonnage and certificates from City funded projects
to evaluate the diversion and disposal rates. These reviews will be done in
accordance with City policy and to determine contractor compliance.
3. As requested, CAA staff will review recycling tonnage and certificates from
contractors performing private projects, as part of their building and planning
permits and the related CalGreen 2013 CA Green Building Standards Code,
which requires a 50 percent diversion of construction waste materials generated
during the project. CAA staff will be apprised of any changing diversion
requirements that may be a part of the updates to the CA Green Building
Standards Code which is scheduled to be published after July 1, 2016 and will go
into effect on January 1, 2017.
4. CAA will also review the recycling report for annual large venue events held in
the City as needed to ensure compliance.
5. CAA staff will review tentative and final recycling plans for large development
projects to ensure the developer understands C&D waste diversion requirements
before the project commences and can provide the necessary verification of
compliance with diversion requirements when the project is complete.
If needed, we will collaborate with the City staff and City Attorney to research,
prepare and/or review a new C&D new ordinance(s) in order to enforce recycling
of C&D waste. CAA will offer insights of other C&D ordinance and programs that
other cities have implemented and recommend a program that would best fit the
City.
Task V: Expand City Hall/Park Sites Recycling Program
CAA recognizes that the waste -handling example the City sets at City facilities plays a
huge role in the success of its solid waste program.
1. CAA staff will evaluate and monitor the City recycling efforts at City Hall and park
sites as well the landscaping green waste program efforts. Based on our
evaluation, we will recommend changes that may be necessary to increase
diversion and minimize disposal waste coming from these sites. Some of these
changes may be the education of the public as to proper waste handling when
visiting the parks, educating the public of the recycling services that City offers at
these locations, or developing signage for bins to encouraging recycling.
2. CAA staff will continue the efforts in recycling container replacement that the City
has already began and will monitor the condition of existing containers to confirm
the proper use of the containers. If containers need to be purchased, CAA staff
will obtain the quotes necessary to keep the purchasing of these materials
competitive and look into any grant funding available for recycling containers.
Task VI: Expand/Improve Multi -Family Residential Recycling Follow Up
CAA staff will work with EDCO to evaluate potential areas that could be enhanced to
further increase multi -family recycling participation as well as green waste and organics
recycling, including recycling in pool and common areas. At the same time, CAA will also
work with property managers and landscape companies to improve green waste,
organics and commingled recycling in local complexes. CAA understands that clear
communication and a working relationship with managers of multi -family complexes
produces a more successful recycling program. If there are grant funds available to be
allocated towards this program, CAA staff will work with local complexes to improve the
recycling that is being done or help to initiate a recycling program.
Task VII: Commercial/Business Sector Recycling
1. We will meet with and obtain input from authorized commercial haulers, and we
will utilize the commercial business listings provided by the waste haulers to
determine the larger generators and analyze their current recycling efforts. If
there is a need, we will perform waste audits of the larger generators to educate
them on how to increase their recycling and waste reduction efforts to ensure
compliance. An additional audit will be done at the same facilities after the
additional education has been given, as to determine if the education was
effective and compliance has been achieved. We will compile these audits into a
report for the City.
2. If a staff report or an ordinance is necessary to support solid waste initiatives and
requirements, CAA staff will assist in preparing staff report(s) and reviewing draft
ordinance(s) for solid waste and recycling efforts.
3. Staff will continue implementing recycling and waste reduction programs for
businesses, offer suggestions on how to improve the existing program, and offer
ideas to implement new programs as necessary.
4. CAA will attend Chamber of Commerce and other local business meetings, and
develop and tailor presentations that are aimed at educating attendees as to
methods of increasing diversion and the importance in doing so. Educational
materials will also be provided at these presentations.
5. Staff will communicate with haulers and/or property management on compliance
status and work to establish successful commercial/business recycling programs.
6. CAA staff will continue the implementation efforts of AB 341 and AB 1826 phases
that have already been started for businesses in the City. As needed, outreach
material will be prepared and distributed to notify businesses about. CAA staff
can prepare and recommend a plan and program for the City to implement
AB 1826 and can assist in identifying businesses that may generate the
thresholds for organics recycling provide outreach to businesses and assist them
as needed.
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Task VIII: Oil Payment Program and Household Hazardous Waste Program
Administration
CAA staff will administer the City's Used Oil Payment Program, including the preparation
and submittal of the required reports and reimbursement requests. We will also visit the
two certified centers in the City to ensure that they have sufficient educational materials
(i.e. posters) on site and that they are handling the used oil waste in the proper manner.
In addition, we will ensure that the centers are properly documenting the pickup of the
used oil and filters. CAA staff will compile the data necessary to prepare Form 303 that
is due to the DTSC by October 1 of every year. At the direction of the City, we will also
obtain the data necessary to prepare other reports for the handling of household
hazardous waste. Copies of these reports will be provided to the City. CAA recognizes
that education is the key element in changing behaviors, and we will assist the City with
their outreach efforts towards the collection of used oil and filters, including but not
limited to developing and placing newspaper advertisements and obtaining supplies (i.e.
oil collection containers). Proper approval from CalRecycle will be obtained prior to the
purchase of any giveaway materials. We will also promote and attend the annual
HHW/E-waste roundup event sponsored by the County. CAA staff will ensure that the
public has the opportunity to obtain a listing of local drop off locations for the collection of
used oil and filters, including the SAFE collection center.
Task IX: Miscellaneous Tasks
CAA recognizes that a municipal solid waste program includes a variety of elements that
are necessary for a successful and efficient program. We will be made available to assist
the City in miscellaneous tasks, as directed by the City, to ensure that the City and the
public are getting the most out of the program as well as seeing an increase in diversion
of waste from the City. Some of these additional tasks may include preparing grant
application forms and needed support documents, preparing and editing staff reports,
contacting other cities for service surveys and other needed information, performing
solid waste surveys, performing waste audits of businesses and attending events or fairs
as needed.
•
The following contains a list of CAA's comparable projects in California, as well as the
period of time that we have been performing the referenced service. We are extremely
proud of our track record and the length of time we have continuously provided services
to our clients. We invite you to contact any of our clients to obtain their opinion of the
services we provide for their cities.
Active Contracts
Services
Since
City of Rancho Santa Margarita
Solid Waste and
2009
E. (Max) Maximous, Public Works Director
Stormwater
(949) 635-1800, ext. 6707
Program
22122 EI Paseo
Management
Rancho Santa Margarita, CA 92688
City of Aliso Viejo
Solid Waste and
2001
Mr. David Doyle, City Manager
Stormwater
(949) 425-2500
Program
12 Journey, Suite 100
Management
Aliso Viejo, CA 92656
City of Hidden Hills
Solid Waste
1990
Cheri Paglia, City Manager
Program
(818) 888-9281
Management
6165 Spring Valley Road
Hidden Hills, CA 91302
City of Avalon
FOG Program
2015
Jordan Monroe, Management Aide
Management
(310) 510-0220 x 128
410 Avalon Canyon Road
Avalon, CA 90704
City of Cypress
WQMP Reviews,
2008
Gonzalo Vazquez, Water Quality Manager
NPDES
(714) 229-6700
Inspections, FOG
5275 Orange Avenue
Program
Cypress, CA 90730
Management
City of Pico Rivera
WQMP Reviews,
2014
Gladis Deras, Associate Engineer
NPDES Inspections
(562) 801-4332
6615 Passons Boulevard
Pico Rivera, CA 135660
City of Moreno Valley
Stormwater
2014
Ahmad Ansari, Director of Public Works
Program
(951) 413-3000
Management
14177 Frederick Street
Moreno Valley, CA 92552
City of San Dimas
NPDES Inspections
2014
Krishna Patel, Community Dev. Director
(909) 394-6200
245 E Bonita Ave,
San Dimas, CA 91773
City of Redondo Beach
NPDES
2013
Geraldine Trivedi, Project Manager
Inspections, FOG
(310) 372-1171
Program
415 Diamond Street
Management
Redondo Beach, CA 90277
City of Laguna Woods
Stormwater
2010
Chris Macon, City Manager
Program
(949) 639-0500
Management
24264 EI Toro Road
Laguna Woods, CA 92637
City of Los Alamitos
Stormwater
2010
Mr. Steven Mendoza, Community Dev. Director
Program
(714) 431-3538
Management
3191 Katella Avenue
Los Alamitos, CA 90720
City of Pomona
Stormwater
2010
Julie Carver, Environmental Programs Supervisor
Program
(909) 620-2261
Management
505 South Garey Ave
Pomona, CA 91766
"Helping public agencies provide effective and efficient municipal services to improve communities since 1984"
Consultant Assistance for the implementation of Source
Reduction and Recycling Element (SRRE), Solid Waste
Support Services, and Used Oil Payment Program
- Cost Proposal -
City of Rancho Palos Verdes, DPW
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attention: Lauren Ramezani, Senior Administrative Analyst
By:
Charles Abbott Associates, Inc.
27401 Los Altos # 220
Mission Viejo, CA 92691
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Toll Free: (866) 530-4980
www.caaprofessionals.com
w
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CAA will assist the City of Ranchos Palos Verdes in the performance of tasks identified
in the Scope of Work for fiscal years 16-17 and 17-18. CAA's Fee Schedule and
Standard Hourly Rates are shown in the tables below.
TASK DESCRIPTION
Hours
Annual
Cost
Hourly Rate
$138/hr
$108/hr
TASK 1- Administration and Project Management
4
25
$3,252
TASK 2- Annual AB 939 Report Preparation, LARA
Assistance, and Quarterly Tonnage/DRS Reports
4
40
$4,872
Monitoring
TASK 3 - Public Education and Outreach
4
60
$7,032
TASK 4 - Construction and Demolition (C&D)
4
30
$3,792
Recycling
TASK 5 - Expand City Hall/Park Sites Recycling
4
20
$2,712
Program
TASK 6 — Expand/Improve Multi -Family Residential
4
30
$3,792
Recycling — Follow Up
TASK 7 - Commercial/Business Sector Recycling
4
30
$3,792
TASK 8 - Oil Payment Program and Household
4
20
$2,712
Hazardous Waste Program Administration
TASK 9 - Miscellaneous
4
20
$2,712
PROPOSED BUDGET TOTAL
$34,668
NOT TO EXCEED AMOUNT
$35,000
**CAA ACCEPTS THE POTENTIAL NOT TO EXCEED OF $40,000,
PENDING CITY AMMENDMENT BEING PROVIDED
STANDARD HOURLY RATE SCHEDULE
Title/Staff
Hourly Rate
1. Project Oversight — Rae Beimer
$138.00
2. Program Manager— Janna Lee
$108.00
The above hourly rates include general and administrative overhead and fees and employee payroll burden.
The above hourly rate does not include any educational or public outreach material cost.
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